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HomeMy WebLinkAboutRes 20-14 04/15/2014 Authorizing Extension of Contract with TPI Building Code ConsultantsRESOLUTION NO. 20-14 A RESOLUTION AUTHORIZING EXTENSION OF CONTRACT WHEREAS, the Village of Mount Prospect is a unit of local government authorized to exist under the terms of the Illinois Compiled Statutes; and WHEREAS, on May 1, 2011, the Village of Mount Prospect ( "Village ") entered into an Agreement ( "2011 Agreement ") with TPI Building Code Consultants, Inc. (71 and WHEREAS, pursuant to paragraph IX of the RFP which was incorporated into the Agreement as Exhibit A, the parties have the option of extending the Agreement for an additional three year term. The Parties have decided to exercise the additional three year option. NOW, THEREFORE, BE IT RESOLVED by the President and Village Board of the Village of Mount Prospect, Cook County, Illinois as follows: SECTION ONE: The Village Manager is hereby authorized to execute an agreement to extend the 2011 Agreement entered through April 30, 2017 on the same terms and conditions as the 2011 Agreement, including but not limited to, the option of extending the Agreement for another three year term beyond May 1, 2017. SECTION TWO: The 2011 Agreement is attached to and made a part of this Resolution. SECTION THREE: This Resolution shall supersede any resolutions or ordinances, or parts of resolutions or ordinances, in conflict with any part herein, and any such resolutions or ordinances, or parts thereof, are hereby repealed. SECTION FOUR: If any section, paragraph or provision of this Resolution shall be held invalid or unenforceable for any reason, such invalidity or unenforceability shall not effect any of the remaining provisions of this Resolution. SECTION FIVE: That this Resolution shall be in full force and effect from and after its passage. AYES: Hoefert, Korn, Matuszak, Polit, Rogers, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 15 day of April, 2014. Arlene A. Jurace Mayor ATTEST: M. Lise(Angell Village Clerk 326648_1 By these signatures we agree to extend the attached Agreement pursuant to this Resolution on the terms identical to those set forth in the Agreement. Village of Mount Prospect TPI Building Code Consultants, Inc. By, Michael By. C,c0 326648_1 AGREEMENT TO PROVIDE BUILDING PLAN REVIEW AND INSPECTION SERVICES This Agreement is entered into between the Village of Mount Prospect, an Illinois Municipal Corporation ( "the Village ") and TPI Building Code Consultants, Inc. ( "TPI ") Section 1. Basis of Agreement On January 5, 2011, the Village promulgated a Request for Proposals for Inspection Service and Building Permit Plan Review ( "RFP ") (attached as Exhibit "A "). On January 19, 2011, the Village held a question and answer session for the various entities submitting proposals. On January 27, 2011, the Village issued an Addendum to the RFP, entitled Question and Answer Supplement ( "Supplement ") (attached as Exhibit "B ") TPI, along with other vendors of these services, provided written responses to the RFP ( "TPI Response ") (attached as Exhibit "C ") TPI was selected by the Village as the preferred vendor of the services set forth in Exhibit "A ". Exhibits "A ", "B" and "C" are incorporated into, made integral parts of and form the basis of this Agreement. In the event of any inconsistency or conflict between the Agreement, its Exhibits and other documents incorporated herein, the following order of precedence shall apply: 1. The Agreement; 2. The Supplement (Exhibit B); 3. The RFP (Exhibit A); 4. TPI Response (Exhibit C); / V1 265907_1 Section II. Additional Services No Additional Services shall be performed by TPI without prior written approval of the Village. Section III. Compensation The Village agrees to compensate TPI for the Basic Service and the Additional Services, if any, in accordance with the schedule of fees included within Exhibit "C ". The Village agrees to pay all invoices or statements for services rendered in accordance with the Local Government Prompt Payment Act, III, Comp. Stat. 1992, ch. 50, par. 505/1 et seq. TPI agrees to keep records on the basis of generally accepted accounting principles for all services billed and to make such records available to the Village at mutually convenient times. Section IV. Agreement Monitoring The Village shall have the right to review TPI's services provided under this Agreement at any time. TPI will fully cooperate with any review or investigation by the Village and shall provide copies of any audit reports performed by TPI of TPI personnel. Any impropriety in the performance of services, non - performance of services, or failure to cooperate with any review or investigation shall be considered a substantial failure to perform and the Village shall have the right to terminate the Agreement according to the terms and conditions of Section V herein. Review, checking, approval or other action by the Village shall not relieve TPI of the accuracy and completeness of the services, or compliance with the Agreement terms. 265907 1 2 Secti V Termination of Agreement This Agreement may be terminated by either party upon seven (7) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. This Agreement may be terminated by the Village upon at least thirty (30) days written notice to TPI in the event that the project work or reasons for this Agreement are to permanently be abandoned. This Agreement may be terminated by either party, for any reason, upon sixty (60) days prior written notice to the other party. Section VI. Miscellaneous Provisions TPI agrees to comply with all applicable State, Federal and Village Code provisions in performing the services under this Agreement. The parties hereto agree that for purposes of any lawsuits between them concerning this Agreement, its enforcement, or the subject matter thereof, venue shall be in Cook County, and the laws of the State of Illinois shall govern the cause of action. Section VII. Successors and Assians The Village and TPI respectively bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of the Agreement. Neither the Village nor TPI shall assign, sublet or transfer any interest in this Agreement without the prior written consent of the other. 265907 1 Section Vlll Extent of Agreement This Agreement represents the entire and integrated agreement between the Village and TPI and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may only be amended by written instrument signed by both the Village and TPI. Nothing contained herein shall be deemed to create any contractual relationship between TPI and any of the Subcontractors or material suppliers on the Project nor shall anything contained in this Agreement be deemed to give any third party any claim or right of action against the Village or TPI which does not otherwise exist without regard to this Agreement. If a contractual relationship does exist between TPI and any Subcontractor or material supplier on the Project TPI shall report this relationship to the Village prior to performing any services under this Agreement. THIS AGREEMENT entered into as of the day and year first written above. ATTEST: TPI BUILDING CODE CONSULTANTS, INC. (TPI) By: ATTEST: Village Clerk E Gu,k '< Ut`Gt. P r,vtc . s-. 2659071 ;EXHIBIT "A" I 1 l� VILLAGE OF MOUNT PROSPECT 50 South Emerson Street Mount Prospect, IL 60056 Request for Proposals ( "RFP ") Inspection Services and Building Permit Plan Review Services Issued: January S, 2011 Proposal Due Date: February 2, 2011 !loge ofA` ar! 1 .spec. Inspection � Plan Review.�erv;ces RFP Jwmar i, 3011 Page ' of _8 MAYOR ����� 1�3f>Ct VILLAGE MANAGER Lvana K. VVi!ks Michael E. ianonis TRUSTEES VILLAGE CLERK Paul Wm. ItOetert M. Lisa Angell Artene A Juracek A. John Korn Phone: 347/392 -6000 John J. Matuszak Steven S. Polit Fax: 847/392 -6022 Michael A. ladel TDD: 847,392 -6064 ,vivuo. moue taro spec±. gr Village of Mount Prospect 50 South Emerson Street, Mount Prospect, Illinois 60056 January 5, 2011 REQUEST FOR PROPOSALS INSPECTION SERVICES AND BUILDING PERMIT PLAN REVIEW 1. Purpose The Village of Mount Prospect (hereinafter the "Village ") is seeking proposals from a qualified Vendor (hereinafter "Vendor ") to provide both inspection services and permit Plan Review services for the Community Development Department's Building Division. The inspection services will be for the following disciplines: Building, Mechanical, Electrical, and Plumbing inspections of construction work within the Village boundaries. The Plan Review services will be permit - related for the following: Building, Mechanical, Electric, Plumbing, energy, and accessibility plans for commercial and residential projects within the Village boundaries. II. Background Located 22 miles from downtown Chicago and minutes from O'Hare International Airport, Mount Prospect has a population of over 56,000. Existing development in the community consists of over 15,500 Single Family Homes, 6,600 Multi - Family units, 2.5 million square feet of retail space, and 6.9 million square feet of office /industrial space. The Village currently performs all Building inspection Services in -house with Village- employed inspectors but is transitioning to privatizing this service in 2011. The Village currently uses multiple vendors to conduct permit Plan Reviews for projects over 300 square feet. III. Definitions For purposes of this RFP, the following definitions shall apply: 1. "Bidder" shall mean "Vendor submitting Proposal ". 2. "Inspection" or "Reinspection" means a site visit for any plumbing, electrical, building (including structural and accessibility) or mechanical inspection, and service request inspections, such as stop work orders, construction site maintenance, etc. Inspections shall include, but not be tl;g, UI Wortn,' :�r o,CP??C! 17.Cpr?,�.ii; )!'i cY t�1�[J'; Re. Ltlw Je,,rwce,; RCT, „ mza;ry J. 'G limited to, any necessary research or consultation, all meetings and phone conversations with Village staff, permit contacts and applicants, written documentation, and all site reviews related to an Inspection. For example, a plumbing Inspection and an electrical Inspection conducted at the same time are subject to separate fees for plumbing and electrical Inspections; however, all research, consultation, written documentation, meetings, and phone conversations shall be included in the Inspection fee amount. 3. "Plan Review" or "Re- review' means performing the technical review of architectural and engineering plans for compliance with codes, ordinances, and related laws and regulations. Projects requiring plan review are permit - related and include, but are not limited to: single family, multi - family, high -rise, commercial, office, individual tenant improvement, and mixed - use developments. a. Standard Plan Review or Re- Review shall be completed within 10 days or less after the plans are submitted to the Vendor. b. Expedited Plan Review or Re- Review shall be completed within 3 days after the plans are submitted to the Vendor. 4. "Proposal" sometimes referred to as "bid ", unless the context requires otherwise. 5. "Inspection Services and Building Permit Plan Review Request for Proposal" is sometimes referred to as "Request for Proposal" and "RFP ". 6. "Scope of Work" includes the requirements of Section V, subject to the additional requirements described in the RFP. Scope of Work is sometimes referred to as "Specifications." 7. "Workload" means anticipated services based upon the historical data provided. IV. Workload The estimated construction value in the Village for 2009 & 2010 was approximately $62 million and $85 million respectively. Based on current local economic and industry forecasts, the Village estimates that there will be approximately 2800 permits for 2011, 2700 permits for 2012, and 2600 permits for 2013. Following is an approximation of the common types of permits of permits issued in a calendar year: 5 New Single Family Residence 15 Lawn Irrigation 750 Single Family Remodel/ Addition /Repair 50 Multi- Family Remodel /Repair 20 Detached Garage 20 CDBG /IHDA Projects 60 Sheds 150 Commercial Remodel 30 Decks 30 New Commercial Tenant 425 Flatwork Permits (drive, walk, patio, stoop) 25 Institutional Remodel /Repair 230 Fences 100 Signs 130 Electrical 50 Cross Connection Inspections 325 HVAC /Water Heaters 30 Water Service Upgrades 120 Plumbing 15 Demolition 10 Swimming Pools 15 Tents /Carnivals 200 Sewer Repairs Village ol_hloznzt Prospect — Inspection & Plan Review Services RFP January 5, 201 ! Page 4 Inspection Services Performance Levels The Village historically performs 7,000- 10,000 Inspections per calendar year. The types of Inspections performed by the Village consist of the following: 26% Plumbing Inspections 25% Electrical Inspections 44% Building Inspections (includes mechanical, structural, and accessibility) 5% Service request Inspections (stop work orders, construction site maintenance, CDBG meetings) Plan Review Services Performance Levels The Village of Mount Prospect issues approximately 2750 -3000 permits annually with the volume of Plan Review requests depending upon market conditions. The Village historically performs approximately 1225 Plan Reviews each year; of that number 1100 Reviews are currently performed in -house (projects under 300 square feet). In 2010, the Village sent the following types of projects to a third -party for review: 78 Commercial Projects 15 Residential Projects 11 Industrial Projects CDBG Rehob and IHDA First Time Homebuyer Program Related Responsibilities: The Village provides program assistance in relation to the Village's Community Development Block Grant (CDBG) and Illinois Housing Development Authority (IHDA) funded programs. Program assistance includes providing building code technical advice, inspections, and office /site meetings. Inspections may include review of items that normally would not require a building permit, such as, inspection of windows, siding, etc. Applicable inspections or meetings are included in the above referenced inspection services performance levels Administrative Adjudication /Court Responsibilities: The Village utilizes an in -house Administrative Adjudication process to enforce code violations, in addition to the Circuit Court. The Building Division issues approximately 6 -10 citations per year that require inspector support, which often requires inspectors to provide testimony and documentation, including Inspection reports, statements, photos, or other supporting information in court and at the Village's Administrative Hearings. Administrative hearings are held during regular business hours on the last Thursday of each month at Village Hall and generally take approximately one hour; court is generally scheduled once a month, or as otherwise required. Village Public Tree Protection Plan Responsibilities: Mount Prospect takes great pride in its 24,000+ publicly owned trees and is designated as a "Tree City USA." The Village's inspectional staff works closely with its Forestry/Grounds Division of Public Works in support of the Public Tree Preservation ordinances. V. Scope of Work. A. Inspection: 1. The Vendor's qualified inspectors shall perform Building, Mechanical, Electrical, and Plumbing Inspections of construction work within the Village boundaries. The Inspections I'd ; r';Yiount f'rczspcxt 1ras �ectrr.., Pl:m Review Se^ °sic : ,4, ? Jamear, 5, 2011 Page J� rf {?H shall be for both work performed under Village- issued permits and for non - permitted work /stop work order situations. 2. There is no guarantee that the actual number of Inspections will fall into the range described in Section IV, as the number of Inspections depends on a number of factors, including, but not limited to, economic and construction activity. The Vendor shall provide appropriate personnel to perform the Inspections and Reinspections within 48 hours from the time an Inspection is requested by a permit applicant and scheduled by the Village. B. Plan Review: 1. The Vendor's qualified plan reviewers shall perform technical review of building, mechanical, electric, plumbing, energy, and accessibility plans for a variety of commercial and residential projects performed under Village- issued permits 2. There is no guarantee that the actual number of Plan Reviews will fall into the range described in Section IV, as the number of plans /permits depends on a number of factors, including, but not limited to, economic and construction activity. The Vendor shall provide appropriate personnel to perform Standard Plan Reviews and Re- reviews within 10 days after the time the plans are submitted to the Vendor. 3, All Plan Reviews for any permit application prior to May 01, 2011 or for any shell /tenant improvements at Randhurst Village shall be excluded from this RFP and any related contract. 4. Expedited Plan Review standard — Plan Review shall be completed within three (3) days after the time the plans are submitted to the Vendor. C. CDBG Rehab and IHDA First Time Homebuyer Program Related Responsibilities: The Vendor's qualified inspectors shall provide program assistance in relation to the Village's Community Development Block Grant (CDBG) and Illinois Housing Development Authority (IHDA) funded programs, as described in Section IV. D. Administrative Adjudication /Court Responsibilities: The Vendor's qualified inspectors will assist in enforcing code violations through the Circuit Court and the Administrative Adjudication process, as described in Section IV. E. Village Public Tree Protection Plan Responsibilities: The Vendor will work closely with the Forestry /Grounds Division of Public Works in support of the Public Tree Preservation ordinances. F. Hours: 1. Normal working hours: Normal hours of scheduled Inspections will be 8:00 a.m. to 4:30 p.m., Monday through Friday, and shall follow the same Village Hall holiday schedule: closed New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving (Thursday & Friday), and Christmas Day. A typical business day consists of 30 -50 scheduled Inspections. It is not unusual to schedule an additional 2 -4 inspections each day for unusual cases or last minute Reinspections. r i!lu,� >e cf';Llnasn; Pr�spec[ inspection, & Plan Reese - ,a Services RIP Jantrery '011 Page 5 oj- 2. After - hours: On occasion, emergency or after -hours Inspections will be required. When the Village submits an emergency Inspection or after -hours Inspection request, the Vendor shall provide an inspector with the required qualifications to perform the Inspection within two hours of notice by the Village. The Vendor shall provide emergency and after hours contact numbers to the Village and be readily available, Also, the Vendor will be included in Fire and Police Departments' Emergency call -chain list for after -hours phone consultation and emergency Inspection for building related issues. 3. Work Performance: a. All services are to be performed under the supervision of the Building Commissioner and in compliance with Village policy, Codes, and interpretation. All Inspections and Plan Reviews shall be performed in a non - adversarial, ethical, professional, and personable manner. b. To provide the required Inspection and response, the Vendor shall provide a consistent /stable roster of inspectors. G. Inspection Scheduling: Village staff will schedule AM (8:00 to noon) and /or PM (noon to 4:30) Inspections for the Vendor. The Vendor will be responsible for planning and routing its detailed AM and PM Inspection schedule to the Village prior to performing any Inspections. All Inspection requests and inspectors' field copy of the file will be prepared daily for the Vendor by Village staff. The Vendor is responsible for entering all results of Inspections into the Village's inspection software system, either remotely or at a designated Village terminal on a daily basis. H. Plan Review Scheduling: Village staff will route the appropriate plan copies to the Vendor for review. The Vendor will be responsible for scheduling the Review for completion within the time required for a Standard or Expedited Plan Review. Inspection Reporting: The Village is currently transitioning to a new enterprise software program (New World System's Logos.net software) and anticipates the program being implemented and operational in Fall 2011. The software will provide the ability to log Inspections in the field through a VPN connection. The Vendor shall provide the necessary equipment (i.e. laptops, printers) to be able to track Inspections electronically in the field and print copies of reports for permit contacts. The Village will provide the Vendor with training to utilize the inspection software. J. Plan Review Results: The Village is currently transitioning to a new enterprise software program (as mentioned in I above). The software will provide the ability to enter Plan Review results and comments off -site through a VPN connection. The Vendor shall provide the necessary equipment (i.e. computer, scanner) to be able to record Plan Review results and comments off -site. The Village will provide the Vendor with training to utilize the enterprise software. FZI of rffount Prospect h7s & Plan Review Servlc_ Rr P Jurruur� 2011 Par =,� "gf'38 K. Consultation: 1. Permit - related during business hours: Inspections include all phone consultations with the Village and permit contacts, including the permit applicant, for each Inspection performed, as necessary. 2. Permit - related after business hours: On occasion, phone consultation is required outside the normal hours of business in regard to an Inspection. 3. Plan Review - related during business hours: Plan Reviews include all phone consultations with the Village and permit contacts, including the permit applicant, for each Plan Review or Re- review performed. 4. Staff consultation during business hours: Vendor shall provide the services of a technical staff member, who is a Master Code Professional, for phone consultation with Village staff during the Village's normal business hours, as described in Subsection F(1) above. 5. Daily Inquiries: The Building Commissioner typically addresses daily inquiries regarding building - related matters. In his /her absence, e.g., vacation, sick leave, Vendor may be required by Village to provide technical assistance and address such inquiries. In such case, Vendor will provide appropriate inspectors at the Building Department one (1) or two (2) days a week for an hour or more. L. Equipment: The Vendor shall provide all vehicles, clothing, inspection equipment, computers, cell phones, safety equipment and other related materials necessary to perform the services. Inspectors must carry identification clearly showing they are Village authorized inspectors. The cost to provide these materials shall be incorporated into the Vendor's proposed bid amounts. M. Personnel Assignment: The Village reserves the right to designate alternative personnel of the Vendor when the Village is dissatisfied with the performance of assigned personnel after the contract commences. N. Village Training: The Vendor's inspectors and Plan Review staff will be expected to attend training on various Village policies including, but not limited to software, procedures, Village Code requirements, and tree protection. Such training will be provided by or through the Village, at its cost. O. Policy Compliance: The Vendor and its inspectors and Plan Review staff will be required to execute and comply with certain Village policies regarding computer software and other user agreements. VI. Qualifications A. Inspector qualifications: The Vendor shall provide qualified inspector(s) who are multi - disciplined as described below. This requirement will allow the Village to benefit from multi - disciplined inspectors who can perform Inspection services for both plumbing and building components in lieu of multiple inspectors inspecting a single project. Village . f _4loau( Prov),ct Inspection & Nun Review Services RFP Jan tMry 5, 0iI rge F of -h' 1. Plumbing and mechanical Inspections vary from underground, aboveground, roughs, finals, stack tests, gas tests, gas piping, mechanical, boiler, lawn sprinkler, backflow inspections, residential, commercial, temperatures, property maintenance, and other duties as performed by a State of Illinois Licensed Plumbing Inspector or assigned by the Village. Minimum inspector qualifications are: 1) Must hold a valid Illinois Plumbing License and be authorized to inspect plumbing As defined by Illinois Administrative Code TITLE 77: PUBLIC HEALTH; CHAPTER I: DEPARTMENT OF PUBLIC HEALTH; SUBCHAPTER r: WATER AND SEWAGE; PART 890 ILLINOIS PLUMBING CODE; SECTION 890.120 DEFINITIONS 2) ICC Certified Building Official (CBO) 3) 2 -3 years of construction trade experience 2. The building, electrical and mechanical Inspections include but are not limited to: residential, commercial, industrial and are to include various construction site property maintenance, mechanical, structural, accessibility, low voltage, commercial and residential electric overhead and underground services, above ceiling, roughs, final inspections, and other duties as performed by Certified International Code Council Inspector or assigned by the Village. Minimum inspector qualifications and /or certifications are: 1) ICC Certified Building Official (CBO) 2) ICC Residential Building inspector 3) ICC Commercial Building Inspector 4) ICC Commercial Electrical Inspector or equiv. license from Chicago /NFPA Certificate 5) ICC Residential Electrical Inspector or equiv. license from Chicago /NFPA Certificate 6) ICC Commercial Mechanical Inspector 7) 2 -3 years of construction trade experience 3. The Vendor is encouraged, but not required to consider employment of former Village Inspection Staff in its response to this RFP. Such consideration, or lack thereof, will not affect the proposal's consideration. B. Plan Review qualifications: The Plan Reviews and responses shall be performed and /or supervised by Master Code Professionals, the highest code professional certification level available through the International Code Council. C. Vendor qualifications: The Vendor must be qualified to provide the services required by this RFP. The Village shall determine such qualification, based upon the following: A. Vendor's experience with projects of similar size and scope; B. Ability of the Vendor to provide the services; C. Qualifications of the individuals assigned to the team to provide the services; D. The Village reserves the rights to verify inspector qualifications and company references; E. The scope of the work proposed by Vendor; and F. Bidders Qualification, as described in the Instructions to Bidders, Attachment C. b'tlra ,)I.o:;7<r..� . ,Y.;_... Plan Rcvic i n ta_ RFP Acr.; 20 t J Pine 9 of 28 Vil. Licenses Each Vendor submitting a proposal shall possess all necessary federal, state, and local licenses as are required by law, and shall, upon request, furnish satisfactory proof to the Village that the licenses are in effect during the entire period of the contract for each individual assigned to work under the contract. VIII. Proposals and Invoicing Information The proposal shall include fees for the following: A. Consultation fees: 1. Consultations for permit - related during business hours, Plan Review - related during business hours, permit - related after business hours, and staff consultation during business hours, as described in Subsection V(K): There shall be no extra cost for this service, as it must be built into the base amounts on the Bid Sheets, Attachment A. For example, time consulting with the Village in regard to a Plan Review shall not be included in an invoice to the permit applicant, but the hourly fee should be adjusted to compensate for that time. Consultations for daily Inquiries, as described in Subsection V(K): To be paid on an hourly basis (as defined in VIII (C)) at the rate proposed in item S and 6 of the Bid Sheet. 3. Staff consultation during working hours: No charge to Village. B. Inspection /Re- Inspection fees: a. Plumbing Inspections /Re- Inspection: to be paid per Inspection /Re- inspection 1) during normal working hours and 2) after hours, as proposed on the Bid Sheet. b. Electrical Inspections /Re- Inspection: to be paid per Inspection /Re- Inspection 1) during normal working hours and 2) after hours, as proposed on the Bid Sheet. c. Building Inspections /Re- Inspection: to be paid per Inspection /Re- Inspection 1) during normal working hours and 2) after hours, as proposed on the Bid Sheet. d. Mechanical Inspections /Re- Inspection: to be paid per Inspection /Re- Inspection 1) during normal working hours and 2) after hours, as proposed on the Bid Sheet. e. CDBG /IHDA Consultations and Inspections: to be paid per inspection during normal working hours. C. Hourly fees: Hourly fees will be paid for Adjudication and Court; Daily Inquiries (Subsection V(K)), other work approved by the Village. Time will be billed in six (6) minute increments — 6 minutes equals one tenth (.1) of an hour. D. Plan Review fees: a. Residential Plan Reviews: to be paid per project 1) Standard Plan Review and Re- review and 2) expedited Plan Review and Re- review, as proposed on the bid sheet. b. Commercial, Multi - Family, and Industrial Plan Reviews: to be paid per project 1) Standard Plan Review and Re- review and 2) Expedited Plan Review and Re- review, as proposed on the bid sheet. Village of Mount Prospect — Inspection & Flun Review Services RFP Junuary S, 2011 Page 10 of ' 28 c. If Vendor overlooks or misses a code requirement during a Plan. Review, any Re- review of the plan to offer compliance comments will be at no additional charge to the Village or the Permit Applicant. d. These fees shall be paid by the Permit Applicant at the hourly rate set forth in the bid sheet. E. Training: The Vendor's inspectors will attend Village training, as described in Subsection V(N), There shall be no charge to Village for time spent in or related to training. Inspection Invoicing: Invoices for services rendered shall be submitted on a monthly basis to the Village's Accounts Payable Division. The Village shall pay any uncontested invoice within 45 days of receipt of the invoice. G. Plan Review Invoicing: The Vendor shall directly invoice the permit applicant /project manager for the project and offer credit card payment ability. Notice of payment or a copy of the paid invoice shall be provided to the Village. The Village will not be responsible for payment of any Plan Review or Re- review costs. IX. Project Schedule /Term of Contract The Village intends to review all proposals and select a Vendor in the first quarter of 2011. The anticipated timetable for the process is: • Solicitation of Request for Proposals Released by the Village on January 5, 2011 • Vendor Open House /Question and Answer Session with Village Staff on January 19, 2011 at 2:00 PM in Village Hall Board Room • Vendor Inquiry Deadline for Questions Related to the RFP — January 24, 2011 • Village's written response to vendor questions for assistance with bid proposals available — January 26, 2011 • Vendor Proposals Submitted to the Village by 2:00 PM on February 2, 2011 • Selection of Vendor first quarter of 2011 • Award of Contract first quarter of 2011 • Start of Inspection Services anticipated May 1, 2011 Proposals submitted shall be valid through 2011. A contract for services shall be executed between the Village and Vendor with contract services anticipated to become effective on May 1, 2011. All Vendor staff assigned to provide the required services shall have obtained their designated certificates and qualifications prior to the RFP submittal due date. The Village will enter into a contract with the selected Vendor for an initial term limit of three (3) years, with provisions for an option to renew /extend the contract for an additional three (3) year period. X. Inspection Services and Building Plan Review RFP Open House The Village will host an open house /question and answer session with prospective Vendors to discuss the RFP and expectations of the Village and Vendor on January 19, 2011. Vendors who plan to submit a Village Of`',/ou17; Pro,�pe�� lrsheorion & Plan Review Services !?" .lanua?y 5, 70 . 1 age ; o r 23 proposal for services are encouraged to attend. Attendance at the open house is net required -for submittal of a proposal. The Village will compile a list of questions and answers that are received at the open house and throughout the open proposal period. This data will be provided to prospective vendors upon request and will be available on January 26, 2011. XI. Proposal Requirements All proposals must be received at the address below no later than 2:00 PM CST on February 2, 2011. Village of Mount Prospect Office of the Village Clerk 50 South Emerson Street Mount Prospect, IL 60056 Late proposals will not be accepted. Proposals shall be hand delivered or mailed. Emailed or faxed proposals will not be accepted. Vendors are to submit all materials together in a sealed packet, in accordance with the Instruction to Bidders, Attachment C. Vendors must submit three (3) copies of the proposal. The following information must be addressed in the proposal: 1. Brief description of the firm 2. An executive summary detailing your firms understanding of the project and the firm's interest in the project 3. Requirements specified in the Scope of Work (section V) 4. Workload (section IV) and Qualifications (section VI) 5. Necessary Licenses (section VII) 6. Detailed Cost Proposal broken down (section VIII) 7. References — names and phone numbers of references from at least three similar projects 8. A certificate of insurance shall be provided as required in the Instructions to Bidders, Attachment C. 9. Statement of credit /ability to perform based on financial resources. Proposals must include, at a minimum, properly completed and executed Attachment A — Bid Sheets, Attachment A(1) — Bid Sheet Terms and Conditions, Attachment B — Bid Certification Form, and such other documents as required by the RFP. Proposals must be signed by an authorized official of the Vendor, along with the name of the official and his /her title typed below the signature. The submission of the Proposal grants permission to the Village to make inquiries concerning the Vendor, its principals, officers, and directors to any persons or firms the Village deems appropriate. XII. Evaluation of Proposals The contract will be awarded to the Vendor who submits a proposal which is in the best interests of the Village. The bidders qualifications described in Section VI will be used to evaluate the proposals. Fif uge ofMuun, pnrsUeet-- insyecl;vn & Y! m Revie.vServices 2F? fanteary i, 2Oi ' Page .2 of 2b XIII. Fee At a minimum, the cost proposal must be broken down by the Inspection cost for each type of Inspection, as provided in the Bid Sheets, Attachment A. Please be very explicit in listing and describing any services or items not included in the proposal fee amounts. The proposed fees in the Bid Sheets shall be for the first two (2) year period of the contract. XIV. Instructions to Bidders Vendor shall comply with the Instruction to Bidders, attached hereto and incorporated herein as Attachment (C). Vendor is expected to fully inform itself as to the conditions, requirements, and Specifications before submitting bids. Failure to do so will be at the Vendor's own risk. Submitting a proposal is an assumption that the Vendor is familiar with all conditions and intends to comply with them unless otherwise noted. XV. Inquiries Any inquiries regarding this Request for Proposal shall be directed to Brian Simmons, AICP, Deputy Director of Community Development. Mr. Simmons may be contacted by telephone at 847.818.5288 or via email at bsimmons@mountprospect.org (email preferred). All inquiries /questions related to this RFP shall be submitted no later than January 24, 2011. A summary of all inquiries and Village responses will be compiled and added as a supplement to this RFP by January 26, 2011. Vendors who intend to submit a proposal are encouraged to request a copy of this document prior to submitting their final proposal. XVI. Formation of Contract Upon selection, the final contract amount may be subject to negotiation to determine exact scope of services to be provided and final contract fee amount and a contract outlining all relevant terms shall be executed by both parties. Selection does not guarantee award of the contract. In the event the Vendor and the Village fail to execute a contract, the Village will choose from the remaining proposals or issue another Request for Proposals. Award of a contract shall not be final until a written contract has been approved by the Village of Mount Prospect Board of Trustees and entered into between the Parties. The Village reserves the right, at its sole discretion, to cancel or modify this RFP in part or in its entirety. The Village will not reimburse Vendor for any costs incurred in preparation or submission of the proposal. All costs of preparing proposals, including site visits and preliminary analyses, are made at the sole cost of the Vendor, and will not be reimbursed in anyway. Proposed fees should not include or consider the costs incurred in preparation of the proposal. Proposals become the property of the Village upon receipt. Vir(Uga ,,r",:W0 -U F - vspect — irrspceciinn c� Plu.-, Revleit Ser. l: es RFP Jc;murw 5, 201i ag- J nj s8 ATTACHMENT A - BID SHEETS Please include a detailed breakdown, of the proposed fee amounts, including all major steps as deemed appropriate by Vendor. At a minimum, the following cost breakdown must be provided along with the executed Attachment A(1), Bid Sheet Terms and Conditions. Proposed fees are for three (3) years. Proposed Fee Schedule for Inspection Services Provide the cost of performing each Inspection type indicated below on a per Inspection cost basis. Fees include related telephone, email, or other communications. The base bid shall be for the first three years of the contract term. 1) Plumbing Inspections a. $ , -_l per Inspection performed during normal working hours b. $ / per Inspection performed during after hours 2) Electrical inspections a. $ / per Inspection performed during normal working hours b. $ __J per Inspection performed during after hours 3) Building Inspections a. $ ...... per Inspection performed during normal working hours b. $ __ T _ / per Inspection performed during after hours 4) Mechanical Inspections a. $ Inspection performed during normal working hours b, $ / per Inspection performed during after hours 5) CDBG /IHDA Consultations and Inspections a. $ � per Inspection performed during normal working hours 6) Adjudication /Court / Inquiries /Consultations/ Other Duties as Assigned by the Village. a. $ hour* 7) Other Miscellaneous Costs a. Attach detail of any other costs that would be anticipated by the Vendor in order to perform the services identified within the Request for Proposals. *Any hourly fees shall be computed for billing purposes upon increments of 6 minutes being equivalent to .1(one tenth) of an hour. I ihage of Ylouw Prospect -- Insi)ection &- Plan Review Services RFP Jantlan' 5, 20'! Page /4 oQ8 ATTACHMENT A cont'd - BID SHEETS Proposed Fee Schedule for Plan Review Servi RESIDENTIAL PLAN REVIEWS STANDARD PLAN REVIEW EXPEDITED PLAN REVIEW Description of Project (includes EXPEDITED REVIEW building, structural, mechanical, PLAN REVIEW Description of Project (include and electric disciplines - no Any other Re- Initial Plan Any other Re- plumbing) Initial Plan Review reviews Review reviews Single family home unlimited Initial Plan Any other Re- disciplines) sq uare footage $ $ $ $ Single family home addition /2nd floor addition /sunroom /or other square footage $ $ similar addition 300 square feet to $ Single family home addition /2nd 1000 square feet $ $ $ $ STANDARD PLAN EXPEDITED REVIEW PLAN REVIEW Description of Project (include building, structural, plumbing, electric, and mechanical Any other Re- Initial Plan Any other Re- disciplines) Initial Plan Review reviews Review reviews Single family home unlimited ! square footage $ $ $ $ Single family home addition /2nd floor addition /sunroom /or other similar addition 300 square feet to 1000 square feet e f 8'fount °r ' 3--t - b7spe' o & P" r, le .ecv ,S`envtCes RiT nua;v ?, 101 2 8 ATTACHMENT A cont'd - BID SHEETS Proposed Fee Schedule for Plan Review Services COMMERCIAL, MULTIFAMILY, AND INDUSTRIAL PLAN REVIEWS - STANDARD PLAN REVIEW Base building review includes building and structural reviews. For purposes of this bid, a discipline is one of the following: building, mechanical, electric, plumbing, energy and accessibility reviews. A 1 TCQ N ATP i Alternate deduct #1- If occupant i Each additional load and means of egress review is $ Base Building and ; Base Building plumbing Gross Floor Area up to three and up to four fixture or waste disciplines disciplines opening P g BASE BID $ ercenta e p g deduct /discount from building fee. Up to 2500 square f eet 2501 to 4000 square feet 4001 to 6000 square feet 6001 to 8000 square feet 80 01 to 10,000 s quare feet ! I _ over 10,001 square feet A 1 TCQ N ATP i Alternate deduct #1- If occupant load and means of egress review is $ Deduct completed by the Village of Mount percentage Prospect Fire Department. Alternate deduct #2 - If tenant I I Deduct improvement, provide $ ercenta e p g deduct /discount from building fee. j Vfh' r e n_f'.lLx�r,! f'r <tspact— lnsp�!c!ron & Plan Review Sey - vi es RI P Januao' .> '0' 'crbe i r c t ?,9 ATTACHMENT A cont'd - BID SHEETS Proposed Fee Schedule for Plan Review Services COMMERCIAL, MULTIFAMILY, AND INDUSTRIAL PLAN REVIEWS - EXPEDITED PLAN REVIEW Base building review includes building and structural reviews. For purposes of this bid, a discipline is one of the following: building, mechanical, electric, plumbing, energy and accessibility reviews. Gross Floor Area { Base Building and up to three disciplines Base Building and up to four disciplines Each additional plumbing fixture or waste opening BASE BID load and means of egress review is completed by the Village of Mount $ U p to 2500 square feet Prospect C ire Department. 2501 to 4000 square feet i 4001 to 6000 squar feet 6001 to 8000 square fe $ Deduct percentage 8001 to 10,000 square feet deduct /discount from building fee. Over 10,001 square feet ALTERNAT Alternate deduct #1- If occupant load and means of egress review is completed by the Village of Mount $ Deduct percentage Prospect C ire Department. Alternate deduct #2 - If tenant improvement, provide $ Deduct percentage deduct /discount from building fee. 19::rurt Prr spew —;i ^si et ?vn l I ! ur fZevreiv Se -; = ice`s iRFP iumtury ?. 201 r <1j 28 Attachment A(1) Bid Sheet Terms and Conditions By submitting a proposal in response to the RFP, the Vendor agrees to the following: 1. Vendor agrees to and accepts all terms listed in the RFP and guarantees that Vendor is capable of providing services as described and in concurrence with the conditions listed in the RFP. 2. Vendor agrees to and accepts that the selection of a proposal by the Village is not a guarantee of a contract for the amount proposed, nor is selection a guarantee of any contract. Final contract is a condition on agreement of final Scope of work and final negotiated fee amount. 3. Vendor guarantees that all work provided in proposal is original and does not infringe in any way upon the rights of others and that Vendor can perform all obligations in compliance with all federal, state, and local laws, rules, and regulations. 4. By submitting a proposal the Vendor relinquishes all rights to submitted proposals or the ideas contained therein and the Village reserves the right to retain all submitted proposals and to use any ideas and any proposal submitted, regardless of whether or not the proposal is selected. All materials submitted in response to the RFP shall become property of the Village and will not be returned. 5. Vendor certifies that the services requested shall be provided solely by the Vendor and shall not be subcontracted to other parties. The Vendor shall act as the sole provider for performing these Inspection services. If any work is proposed to be performed in partnership with a second entity this shall be declared in the Vendor's submitted proposal. Vendor: Name and Title: Signature: Date: Village of � &)un. Prospect insoecrson & Pfur. Revie'll! .Services Rw° ✓a; 5. 2011 Page 18 of 28 ATTACHMENT B — BID CERTIFICATION FORM NOTE: THIS FORM MUST BE NOTARIZED I /We hereby certify that is not barred from bidding on this (name of bidder) contract as the result of a violation of either Article 33E -3 or Article 33E -4 of State Statute 720 ILCS 5/33. [/We further certify that Bidder is not delinquent in payment of any taxes to Illinois Department of Revenue — 65 ILCS 5/11 42.1 - and that the Bidder, any subsidiaries, and all primary officers are free from any local and state liens. Signed: Date: Name: Title: Subscribed and sworn to before me This day of 2011 Notary Public PUBLIC ACT 85 -1295 720 ILCS 5/33 Section 5/33E -3 Bid - rigging. A person commits the offense of bid - rigging when he knowingly agrees with any person who is, or but for such agreement would be, a competitor of such person concerning any bid submitted or not submitted by such person or another to a unit of State of local government when with the intent that the bid submitted or not submitted will result in the award of a contract to such person or another and he either (1) provides such person or receives from another information concerning the price or other material term or terms of the bid which would otherwise not be disclosed to a competitor in an independent non - collusive submission of bids or (2) submits a bid that is of such a price or other material term or terms that he does not intend the bid to be accepted. Bid - rigging is a Class 3 felony. Any person convicted of this offense shall be barred for 5 years from the date of conviction from bidding on any contract offered for bid by any unit of State or local government. Section 5133E -4 Bid Rotating. A person commits the offense of bid rotating when pursuant to any collusive scheme or agreement with another, he engages in a pattern over time (which, for purposes of this Section, shall include at least 3 contract bids within a period of ten years, the most recent of which occurs after the effective date of this amendatory Act of 1988) of submitting sealed bids to units of State or local government with the intent that the award of such bids rotates, or is distributed among, persons or business entities which submit bids on a substantial number of the same contracts. Bid rotating is a Class 2 felony. Any person convicted of this offense or any similar offense of any state or the United States which contains the same elements as this offense shall be permanently barred from bidding on public contracts in the State of Illinois. V;Ill 7r ? o f "low"I Pros,'vcf -- b73T8i..: EJY1 e � Revicni) S:> A ; . !9 ol28 ATTACHMENT C - INSTRUCTIONS TO BIDDERS The general rules and conditions that follow apply to all bids requested and accepted by the Village of Mount Prospect unless otherwise specified. Bidders or their authorized representatives are expected to fully inform themselves as to the conditions, requirements, and Specifications before submitting bids. Failure to do so will be at the bidder's own risk. Submitting of a bid is an assumption that Vendor has familiarized himself with all conditions and intends to comply with them unless noted otherwise. Bid Documents shall include: 1. FORMS Bid forms are furnished by the Village. All bids must be submitted on the forms provided, complete and intact, properly signed in ink in the proper spaces, and submitted in a sealed envelope. All bids must be delivered to the appropriate Village representative prior to the bid opening date and time to be considered. Bids must be identified as such on the outside of the sealed envelope. This can be done by label as may be provided by the Village, or by marking the envelope "Inspection Services Proposed" and with the following information: company's name, address, item bid, date and time of opening. 2. ALTERNATE MULTIPLE BIDS /SPECIFICATIONS The RFP Specifications describe the services that the Village feels are necessary to meet the performance requirements of the Village. It is not the desire or the intent to eliminate or exclude any bidder from bidding because of minor deviations, alternates or changes. Bidders desiring to bid on services which deviate from these Specifications, but which they believe are equivalent, are requested to submit alternate bids. However, alternate bids must be clearly indicated as such, and deviations from the applicable Specifications should be plainly noted. The bid must be accompanied by complete specifications for the services offered. Any questions regarding the Specifications, drawings, etc., shall be referred to that individual so referenced in the RFP. Vendors wishing to submit a secondary bid must submit it as an alternate bid. There is to be only one bid per envelope. The Village shall be the sole and final judge unequivocally as to whether any substitute is of equivalent or better quality. This decision is final and will not be subject to recourse by any person, firm or corporation. 3. RECEIVING OF BIDS Bids received prior to the time of opening will be securely kept, unopened. The Department Director or his /her designee, whose duty it is to open the bids, will decide when the specified time has arrived, and no bid received thereafter will be considered. No responsibility will be attached to the Village or its representatives for the premature or non - opening of a bid not properly addressed and identified, except as otherwise provided by law. !itlaRe of Mount Prospect Plan Review Sen Ices RFP Phi e .V of 7�' 4. LATE BIDS Bids arriving after the specified time, whether sent by mail, courier, or in person, will not be accepted. These bids will either be refused or returned unopened. It is the bidder's responsibility for timely delivery regardless of the method used. Mailed bids which are delivered after the specified hour will not be accepted regardless of post marked time on the envelope. S. BIDS BY FAX Bids must be submitted on the original forms provided by the Village completely intact as issued. Facsimile machine transmitted bids will not be accepted, nor will the Village transmit bid documents to prospective bidders by way of a facsimile machine. 6. ERROR IN BIDS When an error is made in extending total prices, the unit bid price will govern. Otherwise, the bidder is not relieved from errors in bid preparation. Erasures in bids must be explained over signature of bidder. 7. WITHDRAWAL OF BIDS A written request for the withdrawal of a bid or any part thereof may be granted if the request is received by the Director of the requesting Department prior to the specified time of opening. After the opening, the bidder cannot withdraw or cancel his bid for a period of sixty (60) calendar days, or such longer time as stated in the bid documents. 8. CONSIDERATION OF BID No bid will be accepted from or contract awarded to any person, firm or corporation that is in arrears or is in default to the Village upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to the Village or had failed to perform faithfully any previous contract with the Village. The bidder, if requested, shall present, within 48 hours, evidence satisfactory to the Village of performance ability and possession of necessary facilities, pecuniary resources and adequate insurance to comply with the terms of these Specifications and contract document. 9. PRICES Unit prices shall be shown for each unit on which there is a bid, and shall include all packing, crating, freight, and shipping charges, and cost of unloading at the destination unless otherwise stated in the bid. Unit prices shall not include any local, state or federal taxes. The Village is exempt, by law, from paying state and village retailer's occupation tax, service occupation tax, and federal excise tax. The Village will supply the successful bidder with its tax exemption number. f`i` re of ;Ylcunt Prostx inmecriopl c& Plan Review Se" vices f i'P ru < .5, 201 Purr ? %or28 Cash discounts will not be considered in determining overall price, but may be used in an overall evaluation. 10. AWARD OR REJECTION The Village reserves the right to reject and /or award any and all bids or parts thereof and to waive formalities and technicalities according to the best interests of the Village. Any bid submitted will be binding for sixty (60) days subsequent to the date of the bid opening. Bidders shall make all investigations necessary to thoroughly inform themselves regarding the equipment or supplies to be furnished in accordance with the bid. No plea of ignorance by the bidder of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the bidder to make the necessary examinations and investigations will be accepted as a basis for varying the requirements of the Village of the compensation to the bidder. Any exceptions not taken by the bidder shall be assumed by the Village to be included. A contract will be awarded to the lowest qualified and responsible bidder complying with the conditions of the contract documents only when it is in the best interest of the Village to accept the bid. The Village shall be the sole judge of compliance with the Specifications and reserves the right to accept or reject any and /or all bids or parts thereof. 11. PAYMENT Payment will be made within thirty (30) days after acceptance of the services rendered and bidder's compliance with all stipulations relating to the bid /contract. 12. REQUIREMENT OF BIDDER The successful bidder shall, within ten (10) days after notification of the award: a) enter into a contract in writing with the Village covering all matters and things as are set forth in the specifications and his bid; b) carry insurance acceptable to the Village, covering public liability, property damage, and workers compensation. Said time limit may be waived or increased at the Village's sole discretion. 13. COMPLIANCE WITH ALL LAWS All work under the contract must be executed in accordance with all applicable federal, state and local laws, ordinances, rules and regulations, including: i. Provide a drug free workplace pursuant to the Illinois Drug Free Workplace Act (30 ILCS 580/1, et seq.); ii. Comply with the Illinois Public Works Employment Discrimination Act (775 ILCS 10/1, et seq.); iii. Comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2 -101, et sec.), including establishment and maintenance of a sexual harassment policy as required by Section 2 -105, and the Rules and Regulations of the Illinois Department of Human Rights, including the Village :f 'vlou:v Prospect - Ins,3ecFion .v Plan Review Services RPP January J, - Page 22 o+'28 provisions of the EQUAL EMPLOYMENT OPPORTUNITY CLAUSE, which are a material term of all public contracts, see Title 44, Part 750, Section 750, APPENDIX A, Illinois Administrative Code, Equal Employment Opportunity Clause (See also Paragraph 19 herein); iv. Comply with the Substance Abuse Prevention on Public Works Projects Act, 820 ILCS 265/1 etseq., and V. Comply with the American with Disabilities Act. 14. CONTRACT ALTERATIONS No amendment of a contract shall be valid unless made in writing and signed by the Village President, Village Manager, or their authorized representative. 15. NOTICES All notices required by the contract shall be given in writing_ 16. NONASSIGNABILITY The Vendor shall not assign the contract, or any part thereof, to any other person, firm or corporation without the previous written consent of the Village. Such assignment shall not relieve the Vendor from his obligations or change the terms of the contract. 17. INDEMNITY The Vendor shall indemnify and save harmless the Village, its officers and employees from any and all liability, losses or damages, including attorneys fees and costs of defense, the Village may suffer as a result of claims, demands, suits, actions or proceedings of any kind or nature, including workers' compensation claims, in any way resulting from or arising out of the operations of the Vendor under this contract, including operations of subcontractors; and the Vendor shall, at his own expense, appear, defend, and pay all fees of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith; and, if any judgments shall be rendered against the Village in any such action, the contractor shall, at his own expense, satisfy and discharge same. The Vendor expressly understands and agrees that any performance bond or insurance protection required by the contract, or otherwise provided by the Vendor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Village as herein provided. 18. EQUAL EMPLOYMENT OPPORTUNITY The Equal Employment Opportunity Clause, 44 ILL. Adm. Code 750 Appendix A, which is found at the end of this Exhibit as Attachment D, is incorporated by reference into every bid specification and contract. Every Vendor and subcontractor shall comply with the provisions of the Equal Employment Opportunity Clause. i or rl, lo!rr <° .'r!, ;ec" i.7 Ve;J1io,; ,.t P';1r; Review ..rrntces Rf-, J:rm t;n. J, J01 P e '3 Z,? QJ 19. REQUIRED INSURANCE In submission of a bid, the bidder is certifying that he has all insurance coverages required by law or would normally be expected for bidder's type of business. In addition, the bidder is certifying that he has at least the following insurance coverages: Workers Compensation Employee Claims Statutory for Illinois Employers Liability $1,000,000 per accident Professional liability insurance with limits not less than $1,000,000 each claim with respect to negligent acts, errors and omissions in connection with professional services to be provided under the contract, with a deductible not -to- exceed $50,000 without prior written approval. The bidder is to grant the Village an "additional insured" and "loss payee" status on all applicable insurance policies and provide the Village with original endorsements affecting coverage required by this clause. Said policies will not be cancelled unless the Village is provided a thirty (30) day written notice. Nothing contained in the insurance requirement shall be construed as limiting the extent of the Vendor's responsibilities for payment of damages resulting from his operations under this agreement. The Vendor shall not commence work under the approved contract until it has obtained all insurance required hereunder and such insurance has been approved by the Village. Certificates of such insurance shall be filed with the Village prior to commencing work. 20. BID PERFORMANCE DEPOSIT When it is required, it will be so stated elsewhere within this bid package along with the amount required. The deposit is to be in the form of a certified check, or a bank cashier's check. All bid performance deposit checks will be retained by the Village until the bid award is made, at which time the checks will be promptly returned to the unsuccessful bidders. The bid performance deposit check of the successful bidder will be retained until the services have been rendered or completed /installed and found to be in compliance with the specification or until surety bonding requirements have been satisfied and proof of insurance coverage is provided in accordance with the Special Provisions Section of these specifications. Limit/ Limit/ Tvoe of Insurance Ea, Occurrence Aggregate General Liability Bodily Injury $1,000,000 $3,000,000 Property Damage $1,000,000 $3,000,000 Contractual Ins. $1,000,000 $3,000,000 Automobile Liability (to cover hired, owned, and non -owned vehicles) Bodily Injury $1,000,000 $1,000,000 Property Damage $1,000,000 $1,000,000 Workers Compensation Employee Claims Statutory for Illinois Employers Liability $1,000,000 per accident Professional liability insurance with limits not less than $1,000,000 each claim with respect to negligent acts, errors and omissions in connection with professional services to be provided under the contract, with a deductible not -to- exceed $50,000 without prior written approval. The bidder is to grant the Village an "additional insured" and "loss payee" status on all applicable insurance policies and provide the Village with original endorsements affecting coverage required by this clause. Said policies will not be cancelled unless the Village is provided a thirty (30) day written notice. Nothing contained in the insurance requirement shall be construed as limiting the extent of the Vendor's responsibilities for payment of damages resulting from his operations under this agreement. The Vendor shall not commence work under the approved contract until it has obtained all insurance required hereunder and such insurance has been approved by the Village. Certificates of such insurance shall be filed with the Village prior to commencing work. 20. BID PERFORMANCE DEPOSIT When it is required, it will be so stated elsewhere within this bid package along with the amount required. The deposit is to be in the form of a certified check, or a bank cashier's check. All bid performance deposit checks will be retained by the Village until the bid award is made, at which time the checks will be promptly returned to the unsuccessful bidders. The bid performance deposit check of the successful bidder will be retained until the services have been rendered or completed /installed and found to be in compliance with the specification or until surety bonding requirements have been satisfied and proof of insurance coverage is provided in accordance with the Special Provisions Section of these specifications. f •Llrirnt Prn., decl .. !nsaectian - Plan Rel ;elv �;erv,ces ?'--Y p >„ ,. 2S 21. ACCEPTANCE After the acceptance and award of the bid, this instruction to bidders, and all other portions of the bid documents, including the specifications, will constitute part of the legal contract between the Village of Mount Prospect and the successful bidder. 22. DEFAULT The Village may terminate a contract by written notice of default to the Vendor if the Vendor: a. Fails to make delivery or perform the services within the time frame specified in the Specifications, or b. Fails to make progress so as to endanger performance of the contract, or c. Fails to provide or maintain in full force and effect, the liability and indemnification coverages or performance bond as is required; or d. Services provided by the Vendor jeopardize the public safety, as determined by the Village. If the Village terminates the contract, the Village may procure services similar to those so terminated, and the Vendor shall be liable to the Village for any excess costs for similar services, unless the Vendor provides acceptable evidence that failure to perform the contract was due to causes beyond the control and without the fault or negligence of the Vendor. 23. SPECIAL CONDITIONS Wherever special conditions /requirements are written into the Specifications or Special Provisions which are in conflict with conditions stated in these Instructions to Bidders, the conditions stated in the Specifications or Special Provisions /Requirements shall take precedence. 24. PERMITS AND LICENSES The successful bidder shall obtain, at his own expense, all permits and licenses that may be required to complete the contract (where applicable). 25. GENERAL GUARANTY Vendor represents and warrants to the Village that it has the experience and ability to perform the services required by the RFP, and that it will perform said services in a professional, competent and timely manner, as represented and suitable for the performance of the RFP. Neither the final certificate of payment nor any provision in the contract nor partial or entire use of the product/ improvement/ services embraced in this contract by the Village or the Public shall constitute an acceptance of work not done in accordance with the contract, or relieve the contractor of liability in respect to any express warranties or responsibility for failure to comply with the terms of those contract documents. %N.''cge !;7 ;ilcr;nt Prc?sp�ct !rispe�, i-?;; c4 P!c;n ,Rz. ieNV S��rvi�es Rf ;n ✓artra;ti' 5, 20/ It is expressly agreed by the parties hereto that in the event any defects or imperfections in the materials or workmanship to be furnished by the Vendor herein appear within the period of one year from the date of completion of all the work mentioned herein and acceptance thereof by the Village of Mount Prospect, the Vendor will, upon notice from :aid Village (which notice may be given by letter to said Vendor to the business address of the contractor shown in the proposal), repair and make good at his own cost any such defects or imperfections and replace any defective or imperfect materials or workmanship with other materials or workmanship satisfactory to said Village, and furnish all such new materials and labor as may be necessary to do so; and in the event of the failure, refusal or delay of said workmanship or materials said Village may do so or have same done by others, and said Vendor and surety or sureties on his bond given for the faithful performance of this contract shall be liable to the Village of Mount Prospect for all damages and expenses occasioned by such failure, refusal or delay. 26. BIDDERS QUALIFICATIONS All bidders must submit the following information on or before the time at which the bid is required to be submitted: a. The location of the bidder's permanent place of business. b. Evidence of ability to provide an efficient and adequate plan for executing the work. c. A list of similar projects carried out by the bidder. d. A list of projects the bidder presently has under contract. e. Any additional evidence tending to show that the bidder is adequately prepared to fulfill the contract. 27. BID CERTIFICATION FORM All bid submittals must include a signed Bid Certification Form (copy included in Bid Documents) certifying that the bidder is in compliance with Sections 33E -3 and 33E -4 of the Illinois Criminal Code regarding bid rotating and bid - rigging. Illinois State Law Article 33E -3 and 33E -4 states that it is unlawful to participate in bid- rigging and /or bid rotating. Therefore, all bidders must certify that they are not barred from bidding on the contract as a result of a violation of State Law 33E -3 and /or 33E -4, prohibiting bid - rigging and bid rotation. It is necessary that this be done under oath. Therefore, the form included with the bid submittal sheets must be notarized. Contractor certifies that he /she /it is not delinquent in payment of any taxes to Illinois Department of Revenue — 65 ILCS 5/1.1- 42.1 -1. 28. DEVIATIONS Unless denoted "No Substitution ", the Village's minimum required Specifications may be exceeded. However, Vendors must list all Specification deviations and provide a description and /or catalog sheet that fully describes that which they propose to furnish, in lieu of that specified. Final bid acceptance shall be based upon that bid deemed most favorable to the interests of the Village after all bids have been examined and canvassed. Village q , Vfount Prosneci — h?apecriorr & P /un ^eVIOIW Services RFP ,/anuan , 1011 P6t; 29. MISCELLANEOUS The Vendor is specifically denied the right of using any form or medium the name of the Village of Mount Prospect for any advertising, promotion or reference, unless express written permission is granted by the Village. 30. IN DEPENDENT The Vendor will be retained by the Village only for the purposes and to the extent set forth in this Agreement, and his /her relation to the Village shall, during the term of this Agreement and the - period of her services hereunder, be that of an independent contractor. The Vendor shall be free to use such time, energy and skill as he /she is obligated to devote hereunder to the Village, in such manner as he /she sees fit. The Village shall not be considered as having an employee status, nor shall the Village withhold any sums for the payment of income taxes, or FICS taxes, nor shall the Village be entitled to participate in any plans, arrangements, or distributions by the Village pertaining to or in connection with any pension or retirement plans, or any other benefits for the regular employees of the Village. i i!iQc' - v A10fn - 7f i I t - osn ;.. Pllu ,?eweY:' Services RPP Ainaury ATTACHMENT D _ EQUAL EMPLOYMENT OPPORTUNITY CLAUSE EQUAL EMPLOYMENT OPPORTUNITY In the event of the contractor's non - compliance with the provisions of this Equal Employment Opportunity Clause, the Illinois Human Rights Act or the Rules and Regulations of the Illinois Department of Human Rights ( "Department "), the contractor may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be cancelled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this contract, the contractor agrees as follows: 1. That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, marital status, national origin or ancestry, citizenship status, age, physical or mental handicap unrelated to ability, military status, or an unfavorable discharge from military service; and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. 2. That, if it hires additional employees in order to perform this contract or any portion thereof, it will determine the availability (in accordance with the Department's Rules) of minorities and women in the areas from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. 3. That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, sexual orientation, marital status, national origin or ancestry, citizenship status, age, physical or mental handicap unrelated to ability, military status, or an unfavorable discharge from military service. 4. That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organization or representative of the contractor's obligations under the Illinois Human Rights Act and the Department's Rules. If any such labor organization or representative fails or refuses to cooperate with the contractor in its efforts to comply with such Act and Rules, the contractor will promptly so notify the Department and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations thereunder. 5. That it will submit reports as required by the Department's Rules, furnish all relevant information as may from time to time be requested by the Department or the contracting agency, and in all respects comply with the Illinois Human Rights Act and the Department's Rules. 6. That it will permit access to all relevant books, records, accounts and work sites by personnel of the contracting agency and the Department for purposes of investigation to ascertain compliance with the Illinois Human Rights Act and the Department's Rules. Villuge of ?Mount Nospect — fnspcction & Plan Review Services RFP Junuarp 5. 20 ill Puge 28 qE 28 7. That it will include verbatim or by reference the provisions of this clause in every subcontract it awards under which any portion of the contract obligations are undertaken or assumed, so that such provisions will be binding upon such subcontractor. In the same manner as with other provisions of this contract, the contractor will be liable for compliance with applicable provisions of this clause by such subcontractors; and further it will promptly notify the contracting agency and the Department in the event any' subcontractor fails or refuses to comply therewith. In addition, the contractor will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations.